ZSU Controller reported flight crew failed to follow control instructions resulted in entry into a higher MVA and a CFTT event.

Date: 2023-12 · Aircraft: Large Transport; Low Wing; 2 Turbojet Eng · Phase: descent

Anomalies: atc-issue-all-types|deviation-track-heading-all-types|deviation-discrepancy-procedural-clearance|inflight-event-encounter-cftt-cfit|inflight-event-encounter-weather-turbulence

Synopsis

ZSU Controller reported flight crew failed to follow control instructions resulted in entry into a higher MVA and a CFTT event.

Narrative

Aircraft X was vectored behind a previous arrival to TJSJ airport and was given vectors around weather north the intermediate fix TNNER intersection because there was some heavy WX over the fix. The pilot didn't sound pleased with my instructions and plan and at the last minute the pilot requested a lower altitude of 1500 feet in the correct location; however later requested a vector to the south which placed the aircraft in an 2000 ft. MVA. I tried to direct the aircraft direct to REMSY final approach fix as a previous aircraft requested and worked previously but this time Aircraft X wasnt following my instructions and kept deviating right of course. When I realized Aircraft X was going to get into a higher MVA area; I proceeded to give the approach clearance with a heading or 130 degrees to intercept but apparently as they were avoiding some weather they entered the higher 2000 ft. MVA area at 1500 ft. very close to the 1500 ft. MVA edge. Aircraft X continued the approach and landed without any further incident.Suggestion: As the CRM crew resource management concept teaches; feedback received and issued is essential for the safe operation of all of us involved in the NAS including actions between ATC and pilots. I was providing the aircraft a heads up plan not only of the weather avoidance but also an alternate course of action for the approaches. The pilot in charge of communications of Aircraft X was not being very welcoming of my feedback and was answering with some arrogant comment with poor to no feedback which had me to implement an unexpected plan B. The only thing I was expecting from the pilot was some feedback to include words like unable or we would like to stay on the normal vector etc. As a possible solution I could have probably issued a cancellation of the approach and vector the aircraft away from the area for a new approach clearance.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.